Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval and Variation of Conditions of Approval

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly matters of national environmental significance, through the regulation of actions that may have a significant impact on the environment. This Act was introduced to address the need for a comprehensive framework to protect the environment from potentially harmful actions, ensuring that they are assessed and managed effectively. The Act is administered by the Parliament of Australia and aims to balance environmental protection with economic and social considerations, fostering sustainable development. The policy objective of the Act is to safeguard Australia's unique biodiversity, heritage sites, and ecosystems, while allowing for responsible development and resource use. The Department of the Environment, as part of its commitment to transparency and accountability, ensures that the public is informed about the referral process for actions that require approval under the Act. This includes timely notifications of decisions regarding actions determined to require or not require approval, as well as variations of conditions of approval. Although the Department acknowledges that occasional missed notifications may occur, it has implemented systems and quality assurance procedures to minimise such instances and to notify the public of any missed notifications to maintain transparency and public trust.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various actions that have, or are likely to have, a significant impact on matters of national environmental significance, which include World Heritage properties, listed threatened species and communities, wetlands of international significance, the Great Barrier Reef, the nuclear actions prohibition, and water resources such as coal seam gas and large coal mining developments. The Act applies to any person or entity undertaking an action, including individuals, corporations, and government bodies, within the territory of Australia, encompassing its states, territories, and surrounding waters. The EPBC Act does not apply to certain activities that are explicitly excluded, such as those activities explicitly excluded under the Act or managed under other legislation, such as land use planning or water resource management at a state level. The application of the Act can be extended or restricted through the use of subordinate instruments, such as regulations or guidelines, which provide further detail on the application and enforcement of the Act. These instruments help to clarify the scope of the Act and provide guidance on how to comply with its requirements.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including the assessment and approval of certain activities that may impact on matters of national environmental significance. Sections 75 and 133 of the Act pertain to the approval process for actions that require assessment, whereas sections 18 and 18A address listed threatened species and communities, and sections 24D and 24E concern water resources in relation to coal seam gas development and large coal mining operations. The Act also includes provisions for the variation of conditions of approval (section 143) and allows for the determination of actions not requiring approval under certain conditions (section 75). The EPBC Act imposes obligations on the parties or entities it governs to ensure compliance with the legislative requirements. These include providing preliminary documentation for actions requiring assessment, as seen in references 2015/7507 and 2015/7508. Additionally, entities must follow the approved conditions if granted approval for an action, as noted in references 2013/6999 and 2013/6865. The Act also requires entities to adhere to the assessment approach outlined in section 87 for actions that require assessment, as demonstrated by references 2015/7507 and 2015/7508. Failure to comply with the provisions of the EPBC Act may result in offences, penalties, or civil and criminal consequences. The Act does not explicitly state maximum penalties for breaches; however, the seriousness of the offence and the intent behind the breach may influence the penalties imposed. In cases where a notification is missed, the Department of the Environment will notify the public even if the timeframe for notification has lapsed to ensure transparency and accountability. It is important to note that missed notifications do not affect the subsequent processing of referrals or assessments and do not impact the decisions made under the EPBC Act.